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Court set to hear arguments in religious freedom challenge to Indiana abortion ban

Protesters rally at the Statehouse during a legislative debate in the summer of 2022 over Indiana’s near-total abortion ban. The ban only allows abortion if the pregnant person’s life or serious physical health is at risk, in some cases of lethal fetal anomalies and in some cases of rape or incest.
Protesters rally at the Statehouse during a legislative debate in the summer of 2022 over Indiana’s near-total abortion ban. The ban only allows abortion if the pregnant person’s life or serious physical health is at risk, in some cases of lethal fetal anomalies and in some cases of rape or incest.

Indiana will be in court again this week, defending its near-total abortion ban.

Friday’s hearing in Marion County is over  a lawsuit that seeks to strike down the ban because it infringes on some Hoosiers’ religious freedom.

Indiana’s ban,  SEA 1 (ss), only allows abortion if the pregnant person’s life or serious physical health is at risk, in some cases of lethal fetal anomalies and in some cases of rape or incest.

A group of anonymous Hoosiers with a variety of faith traditions argue the ban interferes with their religious beliefs. And they said it’s already affected their behavior as they take greater steps to avoid becoming pregnant.

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The state said those Hoosiers are trying to use their religious beliefs “to end human life.” It argued abortion itself is not a religious practice and that the only burdens are “feelings of anxiety and changes to contraceptive and sexual practices.”

A county judge previously halted the abortion ban because of a different lawsuit. That case is now  headed for the Indiana Supreme Court.

Contact reporter Brandon at  bsmith@ipbs.org or follow him on Twitter at  @brandonjsmith5.

Brandon J. Smith has previously worked as a reporter and anchor for KBIA Radio in Columbia, MO. Prior to that, he worked for WSPY Radio in Plano, IL as a show host, reporter, producer and anchor. His first job in radio was in another state capitol, in Jefferson City, as a reporter for three radio stations around Missouri. Brandon graduated from the University of Missouri-Columbia with a Bachelor of Journalism in 2010, with minors in political science and history. He was born and raised in Chicago.